Rhino Valley Lodge Limited v Kenya Wildlife Services [2020] KEELC 1471 (KLR)

Facts

The applicant, Rhino Valley Lodge Limited, is a tenant of the respondent, Kenya Wildlife Services, under a lease dated 30th September, 2015. The respondent has given notice to terminate the lease and has threatened to take over possession of the suit premises. The applicant is in arrears of rent, attributing it to tribal clashes, post-election violence, and terrorist attacks.

Issues

1. Locus standi of the applicant
2. Whether the subject matter of arbitration is under threat
3. Appropriate measure of protection after an assessment of the merits of the application

Reasoning

The existence of an arbitration agreement and the threat to the subject matter of arbitration. The court orders interim protection on terms and allows mediation and arbitration if not complied with.

Outcome

Application granted

Authorities cited